Common use of Termination and Enforcement Clause in Contracts

Termination and Enforcement. a. This award may be terminated in whole or in part by the Contracting Officer, if the Consortium materially fails to comply with the terms and conditions of the award. DOE enforcement remedies are contained in 10 CFR 600.352. b. Subject to a reasonable determination by either party that the project will not produce beneficial results commensurate with the expenditure of resources, that party may terminate in whole or in part the agreement by providing at least 30 days advance written notice to the other party, provided such notice is preceded by consultation between the parties. The two parties will negotiate the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. If either party determines in the case of partial termination that the reduced or modified portion of the award will not accomplish the purpose for which the award was made, the award may be terminated in its entirety. c. Unless otherwise negotiated, DOE’s maximum liability is the lesser of: DOE’s share of allowable costs incurred up to the date of termination, or The amount of DOE funds obligated to the TIA. d. Notwithstanding paragraphs c. of this section, if the award includes milestone payments, the Government has no obligation to pay the Consortium beyond the last completed and paid milestone if the Consortium decides to terminate. Use the Standard Intellectual Property Provisions for Financial Assistance Awards (cooperative agreements) at ▇▇▇▇://▇▇▇.▇▇.▇▇▇.▇▇▇/gcmain.html (click on Intellectual Property & Laboratory Partnering, and then, under DIRECT DOE Transactions, click on Standard Intellectual Property Provisions for DOE Assistance Instruments) , if appropriated for the project. Agreement No.: __________

Termination and Enforcement. a. This award may be terminated in whole or in part by the Contracting Officer, if the Consortium Recipient materially fails to comply with the terms and conditions of the award. DOE enforcement remedies are contained in 10 CFR 600.352. b. Subject to a reasonable determination by either party that the project will not produce beneficial results commensurate with the expenditure of resources, that party may terminate in whole or in part the agreement by providing at least 30 days advance written notice to the other party, provided such notice is preceded by consultation between the parties. The two parties will negotiate the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. If either party determines in the case of partial termination that the reduced or modified portion of the award will not accomplish the purpose for which the award was made, the award may be terminated in its entirety. c. Unless otherwise negotiated, DOE’s maximum liability is the lesser of: DOE’s share of allowable costs incurred up to the date of termination, or The amount of DOE funds obligated to the TIA. d. Notwithstanding paragraphs c. of this section, if the award includes milestone payments, the Government has no obligation to pay the Consortium Recipient beyond the last completed and paid milestone if the Consortium Recipient decides to terminate. Agreement No.:_________ Use the Standard Intellectual Property Provisions for Financial Assistance Awards (cooperative agreements) at ▇▇▇▇://▇▇▇.▇▇.▇▇▇.▇▇▇/gcmain.html (click on Intellectual Property & Laboratory Partnering, and then, under DIRECT DOE Transactions, click on Standard Intellectual Property Provisions for DOE Assistance Instruments) , if appropriated for the project. Agreement No.: __________

Termination and Enforcement. a. This award may be terminated in whole or in part by the Contracting Officer, if the Consortium Recipient materially fails to comply with the terms and conditions of the award. DOE enforcement remedies are contained in 10 CFR 600.352. b. Subject to a reasonable determination by either party that the project will not produce beneficial results commensurate with the expenditure of resources, that party may terminate in whole or in part the agreement by providing at least 30 days advance written notice to the other party, provided such notice is preceded by consultation between the parties. The two parties will negotiate the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. If either party determines in the case of partial termination that the reduced or modified portion of the award will not accomplish the purpose for which the award was made, the award may be terminated in its entirety. c. Unless otherwise negotiated, DOE shall pay the Recipient a proportionate share of DOE’s maximum liability is financial commitment to the lesser of: DOE’s share project based on the percent of allowable costs incurred up to project completion as of the date of termination, or The amount of DOE funds obligated to the TIA. d. Notwithstanding paragraphs c. of this section, if the award includes milestone payments, the Government has no obligation to pay the Consortium Recipient beyond the last completed and paid milestone if the Consortium Recipient decides to terminate. Use the Standard Intellectual Property Provisions for Financial Assistance Awards (cooperative agreements) at ▇▇▇▇://▇▇▇.▇▇.▇▇▇.▇▇▇/gcmain.html (click on Intellectual Property & Laboratory Partnering, and then, under DIRECT DOE Transactions, click on Standard Intellectual Property Provisions for DOE Assistance Instruments) , if appropriated for the project. Agreement No.: __________

Termination and Enforcement. a. This award may be terminated in whole or in part by the Contracting Officer, if the Consortium materially fails to comply with the terms and conditions of the award. DOE enforcement remedies are contained in 10 CFR 600.352. b. Subject to a reasonable determination by either party that the project will not produce beneficial results commensurate with the expenditure of resources, that party may terminate in whole or in part the agreement by providing at least 30 days advance written notice to the other party, provided such notice is preceded by consultation between the parties. The two parties will negotiate the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. If either party determines in the case of partial termination that the reduced or modified portion of the award will not accomplish the purpose for which the award was made, the award may be terminated in its entirety. c. Unless otherwise negotiated, DOE’s maximum liability is the lesser of: : 1. DOE’s share of allowable costs incurred up to the date of termination, or or 2. The amount of DOE funds obligated to the TIA. d. Notwithstanding paragraphs c. of this section, if the award includes milestone payments, the Government has no obligation to pay the Consortium beyond the last completed and paid milestone if the Consortium decides to terminate. Use the Standard Intellectual Property Provisions for Financial Assistance Awards (cooperative agreements) at ▇▇▇▇://▇▇▇.▇▇.▇▇▇.▇▇▇/gcmain.html (click on Intellectual Property & Laboratory Partnering, and then, under DIRECT DOE Transactions, click on Standard Intellectual Property Provisions for DOE Assistance Instruments) , if appropriated for the project. Agreement No.: __________

Termination and Enforcement. a. This award may be terminated in whole or in part by the Contracting Officer, if the Consortium materially fails to comply with the terms and conditions of the award. DOE enforcement remedies are contained in 10 CFR 600.352. b. Subject to a reasonable determination by either party that the project will not produce beneficial results commensurate with the expenditure of resources, that party may terminate in whole or in part the agreement by providing at least 30 days advance written notice to the other party, provided such notice is preceded by consultation between the parties. The two parties will negotiate the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. If either party determines in the case of partial termination that the reduced or modified portion of the award will not accomplish the purpose for which the award was made, the award may be terminated in its entirety. c. Unless otherwise negotiated, DOE shall pay the Consortium a proportionate share of DOE’s maximum liability is financial commitment to the lesser of: DOE’s share project based on the percent of allowable costs incurred up to project completion as of the date of termination, or The amount of DOE funds obligated to the TIA. d. Notwithstanding paragraphs c. of this section, if the award includes milestone payments, the Government has no obligation to pay the Consortium beyond the last completed and paid milestone if the Consortium decides to terminate. Use the Standard Intellectual Property Provisions for Financial Assistance Awards (cooperative agreements) at ▇▇▇▇://▇▇▇.▇▇.▇▇▇.▇▇▇/gcmain.html (click on Intellectual Property & Laboratory Partnering, and then, under DIRECT DOE Transactions, click on Standard Intellectual Property Provisions for DOE Assistance Instruments) , if appropriated for the project. Agreement No.: __________

Termination and Enforcement. a. This award may be terminated in whole or in part by the Contracting Officer, if the Consortium materially fails to comply with the terms and conditions of the award. DOE enforcement remedies are contained in 10 CFR 600.352. b. Subject to a reasonable determination by either party that the project will not produce beneficial results commensurate with the expenditure of resources, that party may terminate in whole or in part the agreement by providing at least 30 days advance written notice to the other party, provided such notice is preceded by consultation between the parties. The two parties will negotiate the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. If either party determines in the case of partial termination that the reduced or modified portion of the award will not accomplish the purpose for which the award was made, the award may be terminated in its entirety. c. Unless otherwise negotiated, DOE shall pay the Consortium a proportionate share of DOE’s maximum liability is financial commitment to the lesser of: DOE’s share project based on the percent of allowable costs incurred up to project completion as of the date of termination, or The amount of DOE funds obligated to the TIA. d. Notwithstanding paragraphs c. of this section, if the award includes milestone payments, the Government has no obligation to pay the Consortium beyond the last completed and paid milestone if the Consortium decides to terminate. Use the Standard Intellectual Property Provisions for Financial Assistance Awards (cooperative agreements) at ▇▇▇▇://▇▇▇.▇▇.▇▇▇.▇▇▇/gcmain.html (click on Intellectual Property & Laboratory Partnering, and then, under DIRECT DOE Transactions, click on Standard Intellectual Property Provisions for DOE Assistance Instruments) , if appropriated for the project. Agreement No.: __________

Termination and Enforcement. a. This award may be terminated in whole or in part by the Contracting Officer, if the Consortium Recipient materially fails to comply with the terms and conditions of the award. DOE enforcement remedies are contained in 10 CFR 600.352. b. Subject to a reasonable determination by either party that the project will not produce beneficial results commensurate with the expenditure of resources, that party may terminate in whole or in part the agreement by providing at least 30 days advance written notice to the other party, provided such notice is preceded by consultation between the parties. The two parties will negotiate the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. If either party determines in the case of partial termination that the reduced or modified portion of the award will not accomplish the purpose for which the award was made, the award may be terminated in its entirety. c. Unless otherwise negotiated, DOE’s maximum liability is the lesser of: : 1. DOE’s share of allowable costs incurred up to the date of termination, or or 2. The amount of DOE funds obligated to the TIA. d. Notwithstanding paragraphs c. of this section, if the award includes milestone payments, the Government has no obligation to pay the Consortium Recipient beyond the last completed and paid milestone if the Consortium Recipient decides to terminate. Use the Standard Intellectual Property Provisions for Financial Assistance Awards (cooperative agreements) at ▇▇▇▇://▇▇▇.▇▇.▇▇▇.▇▇▇/gcmain.html (click on Intellectual Property & Laboratory Partnering, and then, under DIRECT DOE Transactions, click on Standard Intellectual Property Provisions for DOE Assistance Instruments) , if appropriated for the project. Agreement No.: __________